Section 13. Examination of defense witness; how made
- It is the testimony of a witness taken upon oral questions or
written interrogatories, in open court, but in pursuance of a
commission to take testimony issued by a court, or under a
general law or court rule on the subject, and reduced to writing
and duly authenticated, and intended to be used in preparation
and upon the trial of a civil or criminal prosecution.
PURPOSE OF TAKING DEPOSITIONS:
1. Greater assistance to the parties in ascertaining the truth and
checking and preventing perjury
2. Provide an effective means of detecting and exposing false,
fraudulent claims and defenses
3. Make available in a simple, convenient and inexpensive way, facts
which otherwise could not be proved except with greater difficulty
4. Educate the parties in advance of trial as to the real value of
their claims and defenses thereby encouraging settlements
5. Expedite litigation
6. Prevent delay
7. Simplify and narrow the issues
8. Expedite and facilitate both preparation and trial
WHO SHOULD MAKE THE EXAMINATION?
2. a member of the Bar in good standing so designated by the judge;
3. before an inferior court designated in the order of a superior court
Section 14. Bail to secure appearance of material witness
People v Montejo, 21 SCRA 722 (1967)
- Even if the witness has been cited to appear before a court sitting
outside of the province in which he resides and the distance is
more than 50km (now 100km) from his place of residence by the usual
course of travel, he is still bound by the subpoena. Rule 23 applies
only in civil cases.
If the court is satisfied upon proof or oath that a material witness will
not testify when required, it may order the witness to post bail in such
sum as may be deemed proper. If the witness refuses to post bail, the
court shall imprison him until he complies or is legally discharged
after his testimony has been taken.
Section 15. Examination of witness for the prosecution
EXAMINATION OF WITNESS FOR THE PROSECUTION:
1. The witness for the prosecution may be conditionally examined by
the court where the case is pending if said witness is:
a. Too sick to appear at the trial; or
b. Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in
his absence after reasonable notice to attend the examination has
been served on him.
3. Examination of child witnesses is tackled under the Rule on
Examination of a Child Witness which took effect on December
Examination of Defense Witness vs. Examination of Prosecution Witness
Examination of Defense Witness - Conducted before any judge, member
of the bar in good standing or before any inferior court.
No right to cross-examine.
Maybe made if the witness resides more than 100 km. from the place
Examination of Prosecution Witness - Conducted ONLY before the
judge or the court where the case is pending.
Right to cross-examine.
Can not be made even if the witness resides more than 100 km.
from the place of trial.